Of course, this is not without great difficulty.
I'd estimate that roughly 100% of US consumer broadband providers have written into their customer agreements clauses that a) provide no guarantee for any level of service and b) require customers to wave their right to file a lawsuit for any reason, class-action or otherwise. So, first these provisions would be challenged, and then the case could continue.
What is the outcome? Cynically, 10 years later, the broadband company settles out of court, admitting no wrong-doing and changing nothing in their business, and the lawyers get paid millions, the consumers sort of just plod on.
On a larger scale, I think the biggest mistake that we've made as a culture is that we no longer expect the government to be the final arbiter of justice. Indeed, the political winds on the matter of hated "regulation" shifts so frequently that regulators themselves must be a bunch of basket-cases. My sense is that in other countries the issue of fairness and acceptable behavior is more deeply understood. There is no doubt that it is the government who is the ultimate boss, and the folks that work there see it as their noble purpose to prevent large companies from taking advantage of everyday people. But for some reason people that figure out how to get away with it are admired, respected, and feared by government.
It ain't right.